The Supreme Court decided this Tuesday that immigrants fearing persecution in their home countries can be indefinitely detained if they were previously deported and re-entered the United States without authorization. The partisan 6-3 decision held that deported immigrants who re-entered have no right to a hearing regarding their release while the government considers their claims. In the words of Justice Samuel Alito, “those aliens are not entitled to a bond hearing.”
The case involved deportees who had re-entered the United States. An immigration officer determined they had a “reasonable fear” for their safety if they returned. The immigrants were seeking withholding hearings. The court argued that, since the immigrants were facing removal based on the reinstatement of a previous order, they were not allowed to argue again for their release.
As dissenting Justice Stephen Breyer mentioned, withholding proceedings often take more than a year, some up to two. This decision just delays the lives of these immigrants further, making them wait in fear. There is no justified reason to deny these people a new life, and subject them to persecution at home.
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